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SISTEM KOORDINASI ANTARA PENYIDIK KEPOLISIAN REPUBLIK INDONESIA DAN KOMISI PEMBERANTASAN KORUPSI DALAM PEMBERANTASAN KORUPSI DI INDONESIA Dahwir, Ali
Solusi Vol 16 No 1 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

The coordination system between Police investigators and the Corruption Eradication Commission (CEC) against corruption eradication efforts in Indonesia is CEC coordinate the process of investigation, investigation and prosecution of corruption. In this case, the prosecution of all corruption by police should be under the coordination of CEC. In the context of coordinating the prosecution process, the CEC is authorized to request information on all criminal acts of corruption to the police agency. Moreover, if the action is taken against corruption as regulated in Article 11 of the Corruption Eradication Commission Law.

PENGEMBANAN FILSAFAT PANCASILA DALAM SISTEM PEMIDANAAN DI INDONESIA Dahwir, Ali
Solusi Vol 17 No 1 (2019): SOLUSI
Publisher : Faculty of Law, University of Palembang

In general, the system of imposing crimes against perpetrators of criminal acts applied in Indonesia still refers to the criminal system which was abandoned by the Dutch Colonial based on liberalism, this is due to the absence of regulations made by Indonesia that specifically establish the criminal system. So that the criminal system that runs is not based on the local wisdom of the Indonesian people which ultimately does not reflect the values of Pancasia as a source of all legal sources. The purpose of this paper is to examine the development of the philosophy of Pancasila in the penal system. This research is normative, using secondary data, with a legal philosophy and concept approach. Qualitatively analyzed to find links between criminal prosecution in Indonesia and the adoption of Pancasila values

PRO KONTRA RANCANGAN KITAB UNDANG-UNDANG HUKUM PIDANA TAHUN 2017 Dahwir, Ali
Solusi Vol 18 No 2 (2020): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v18i2.291

This paper discusses the pros and cons of ratification of the 2017 Draft Criminal Code. The purpose of this research is to find out and analyze what is the basis of the conflict so that the 2017 Draft Law Book will not be ratified in 2019. Discussions on the problems that have been determined are discussed using normative legal research methods, explanatory with primary, secondary and implied legal material. The approach used is a concept approach, history and approach to the law. The rejection from the public for the ratification of the 2017 Draft Criminal Code is due to a lack of understanding of the substance of the articles which are considered controversial. In addition, according to some experts in the Draft Book of the Criminal Law, it is regulated again about what actually has been regulated in a special criminal law. This makes it possible for the law to be vulnerable to misuse in its application. Actually, if you read more carefully the Draft Book of the Criminal Law, new rules will be found that have been adapted to the values contained in the Pancasila principles. In the end it would be better if the Draft Book of the Criminal Law was passed into law.

PENGATURAN HUKUM INDONESIA TENTANG PEMANFAATAN LINGKUNGAN UNTUK KESEJAHTERAAN RAKYAT Dahwir, Ali; Barhamudin, Barhamudin
Solusi Vol 18 No 3 (2020): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v18i3.304

One of the failures of countries in the world, including Indonesia in actualizing sustainable development is the inability of policy makers to integrate the three pillars of sustainable development (ecological, economic, social, cultural) and third pillars with good governance into decision-making processes of the country. As a result of a policy often can not dispel the environmental damages. Environmental quality and declining threatens the continuity of life of humans and other living creatures, as well as increasing global warming resulting in climate change and this will exacerbate environmental degradation. It is necessary for the protection and management of the environment seriously and consistently by all stakeholders. Law is an instrument of social control, and a means of social change or the means of development, the rule of law is necessary to prevent and mitigate the negative impacts of development.

PERDAMAIAN MENJADI PILIHAN UTAMA DALAM PENYELESAIAN KASUS KECELAKAAN LALU LINTAS Barhamudin, Barhamudin; Dahwir, Ali
Solusi Vol 19 No 1 (2021): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v19i1.331

The purpose of this research is to see the reasons for peace being the main choice in solving traffic accident cases. This research is a normative legal research, which uses secondary data as the main data obtained from literature studies, namely by studying knowledge of the law and various regulations related to the settlement of traffic regulations. The results of the study show that peace is the solution to solving traffic accident cases because of the awareness of both parties to establish a good relationship between the families of the perpetrators or victims of accidents and the influence of customary law that still exists in society and the legal culture that exists in society. Settlement of traffic accident cases carried out amicably is a peaceful agreement made only according to customary law and causes the case to be invisible or no longer exists or so that the perpetrator of the traffic accident gets legal relief from the court; Discretion on the part of law enforcement. A peace agreement made based on customary law, but from a statutory point of view it is not binding.

PENERAPAN SANKSI KEBIRI KIMIA TERHADAP PELAKU TINDAK PIDANA SEKSUAL TERHADAP ANAK Dahwir, Ali; Barhamudin, Barhamudin
Solusi Vol 19 No 3 (2021): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v19i3.422

Sexual crimes that make children as victims are extraordinary crimes that threaten and endanger children's psychology and can eliminate comfort, peace, security, and order in society. The problem discussed in this paper is how to apply chemical castration sanctions to perpetrators of sexual crimes against children. In answering the existing problems, using normative legal research methods are descriptive analytical. The analysis was carried out qualitatively, using a legal approach, a case approach and a philosophical approach. The results showed that the Indonesian Doctors Association did not want to be the executor of chemical castration punishment, this was because doctors were bound by an oath and a code of medical ethics. In this code of ethics, philosophically, doctors have the task of trying to heal, not vice versa, namely by using science to carry out actions that are contrary to humanity, namely revoking a person's health even if only temporarily. It is the duty of the police to enforce the law against the decisions made by the court. The execution can be carried out by nurses and skilled personnel free from the oath of office. Nurses carry out castration injections on the basis that they have met the criteria that have been set as requirements for providing health services, as regulated in the Nursing Act.

PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI PELAKU KEJAHATAN Mulyati, Dewi; Dahwir, Ali
Solusi Vol 20 No 1 (2022): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v20i1.469

The focus of this research is to understand how the form of legal protection provided by the state to children who commit crimes. The type of research used is library research. Based on the results of the study, it is known that the form of protection for children who commit crimes is given at every stage of the juvenile criminal justice process. Starting from the arrest stage, detention stage, investigation stage, prosecution, and trial stage, as well as during the coaching period. Another form of protection is efforts to settle criminal cases outside the trial, namely children's cases are always pursued through diversion and this is required to be done at every stage of the juvenile criminal justice process. The purpose of providing legal protection to child offenders is also the implementation of respect for the perpetrators' human rights so that they are not psychologically disturbed, have legal certainty, and to avoid arbitrary and unfair treatment.

ANALISIS YURIDIS TERHADAP DUGAAN TINDAK PIDANA KORUPSI SERTA TINDAK PIDANA ANCAMAN DAN KEKERASAN OLEH ISTERI KEPALA DESA Dahwir, Ali
Solusi Vol 23 No 1 (2025): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36546/solusi.v23i1.1354

ABSTRACT This research discusses actions committed by the wife of the village head which are suspected of being criminal acts of corruption in the form of extortion and/or criminal acts of extortion and threats. The research method used is a normative research method using secondary data. Data were analyzed using qualitative methods. Based on the discussion, it was discovered that the actions carried out by NW could not be classified as criminal acts of corruption in the form of extortion because NW was not a civil servant or state official, which is one of the conditions for implementing article 12 letters e, f and g. The actions that NW has carried out are also not criminal acts of extortion and threats (Article 368 of the Criminal Code) because in carrying out these actions there were no elements of violence committed by NW, so NW's actions do not fulfill the elements of Article 368 of the Criminal Code. Keywords: Crime, Corruption, extortion and threats

EFFECTIVE WAYS TO ERADICATE CORRUPTION IN INDONESIA Dahwir, Ali
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4579

To eradicate corruption in Indonesia requires extraordinary methods. Such as applying the method that has been used by Denmark and Finland. This research aims to examine and analyze the problem of eradicating corruption in Indonesia. The research method used is qualitative normative juridical, where problems are analyzed using primary legal materials, secondary legal materials and tertiary legal materials. The results of the analysis show that eradicating corruption is a commitment and consistency of each party. The commitment to eradicate corruption can be enforced through good legal substance. Good legal substance can force legal officials to be good. Fighting corruption can be done by setting harsh penalties and a narrow range between the minimum criminal threat and the maximum criminal threat. Confiscation of assets of perpetrators of criminal acts of corruption and instilling anti-corruption values and principles at all levels of education. The threat of severe punishment is carried out top down as a deterrent and bottom up instilling anti-corruption values and principles in society.

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